The case holding that in a case where a person who has been divorced from his status as a woman has been married, and the former wife has filed a lawsuit over nullity of divorce with the husband, and the marriage between the husband and the former wife have been restored, and his marriage has been revoked, and the former wife has continued to live together with the husband and filed a complaint against the latter wife due to the crimes of adultery, it is not likely that such act will not be committed,

Articles 12 and 241 of the Criminal Act

Defendant 1 and one other

Defendant 1 shall be punished by imprisonment for eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Defendant 2 is not guilty.

Defendant 1 was a person who has reported the marriage with Nonindicted Party 1 on August 22, 1973. At around 24:00 on August 14, 1992, Defendant 1 was sexual intercourse with Defendant 2 at the same place on September 23:00 of the same year and around 24:00 of the same year.

1. Statement consistent with the facts stated in the court of the defendant;

1. Each statement that conforms to the facts indicated in the judgment among each statement made by a prosecutor and a senior judicial police officer with respect to the preparation of administrative affairs of Nonindicted 1;

Article 241(1), the former part of Article 37, Article 38(1)2, Article 50, and Article 62 of the Criminal Act.

The summary of the facts charged against Defendant 2 is that, at the same time and time as indicated in its reasoning, Co-Defendant 2 is aware that Co-Defendant 1 is a spouse, he is sexual intercourse three times with the same person as in the preceding paragraph, and the same defendant is also a person who is sexual intercourse as in the facts charged.

However, according to each of the contents of a certified copy of family register (Investigation Records 11-12), a certified copy of judgment (Investigation Records 15-19), a certified judge confirmation certificate (No. 140), a certified copy of judgment (No. 140), a certified copy of judgment (No. 184-188, No. 189-195), each protocol of examination on the Defendants in charge of handling affairs by a prosecutor and a judicial police officer, each protocol of examination on Nonindicted Party 1, a protocol of examination on the Defendants in charge of handling affairs by a judicial police officer, Kim Young-young in the preparation of handling affairs by a judicial police officer, and each protocol of statement on wages, the circumstances leading to the sexual intercourse between

Co-defendant 1 filed a claim for divorce on August 2, 1971 with Non-Indicted 1 and Non-Indicted 2, 1973, or on August 2, 197, and reported the marriage to Non-Indicted 10 and Non-Indicted 2, 197, and the judgment of the Seoul High Court No. 1 and Non-Indicted 10 (15 years old) was cancelled on August 198, 198, and the co-defendant 10 and Non-Indicted 2, 96, 197, 197, 198, 197, 197, 197, 197, 197, 197, 197, 197, 199, 197, 300,000 won, and 50,000,000 won, and 97,000 won, 198,000,000 won.

As such, while the defendant was living together with co-defendant 1 who was in a state of divorce clearly and actually on the family register as her wife and married to the end of the school system and was living together with his her her son for two years after the report of marriage, the defendant filed a lawsuit by Non-Indicted 1, one of his sons, and eventually, the existing marital relationship between co-defendant 1 and her son, and his her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

Thus, the facts charged against Defendant 2 constitute the constituent elements of the crime of adultery, but it seems that there is no possibility that the defendant would not commit such act. Thus, he/she shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

Judges Song Young-cheon